NEW DELHI: iPhone and iPad maker Apple Inc has come under the scanner of the Competition Commission of India for allegedly limiting the availability of its products to a few service providers using its dominant market position.

A customer has filed a complaint before the Commission under section 4 of the Competition Act 2002 that Apple is curbing the customer's choice by limiting the availability of iPhones and iPads in India to a limited number of service providers, besides its signature stores.

At present, iPhone's latest version is available in India through Aircel and Bharti airtel , while the iPads are sold through Apple store only.

An Apple official when contacted declined to comment. "The complainant has also alleged that a user can only download software from the i-store and the others are not recognised by the device," a senior CCI official told PTI.

Besides, Apple phones could only be serviced in Apple centres, which in turn charge high rates for servicing.

The Commission is due to take up the matter for consideration by the end of this week, sources said.

iPhone, the touch screen handset that acquired a cult status in the US and other western countries, was launched for the first time in India in 2008. Following the launch, the new upgrades have also been introduced in the Indian market.

Smartphones are cathcing up fast in the Indian market, especially at a time more companies roll out 3G services across the country. 3G services, which offer high-speed Internet access, have already been rolled out by various operators like Airtel, Vodafone and Aircel.

According to a CyberMedia Research study, about 12 million smartphones are expected to be sold in India during 2011.

The Commission, which became fully functional in 2009, with the appointment of a chairman and six members, has the power to check anti-competitive agreements and abuse of dominant position, drawn from Sections 3 and 4 of the Competition Act, 2002.

Beginning June 2011, the Commission also received powers to check high-voltage mergers and acquisitions, with the notification of section 5 and 6 of the Act.

Fallacy to think that Market Economy will stop giant corporations from being "Monopolistic".. America is a shining example. Being a Capitalistic, market driven economy did not stop "Intel" to indulge for years in "Intel Inside" campaign where it was paying subsidies to all major PC/Laptop manufacturers to use Intel Processors. Only condition was that if they availed the subsidy, they can't use "AMD" Processors. They killed effective competition from AMD by this method for many years. Even though a consumer would have liked to go for an AMD system, the choices were not available only from major PC makers.

AMD filled a case under European, American Anti Competitive legislation. Went on for a few years. Finally Intel settled the case by paying a few Billion dollars to AMD. So now you are seeing AMD systems from all major PC manufacturers.

Microsoft too was sued when Internet Explorer was bundled together with Windows OS.

Competition Commission of India is a revamped version of earlier Monopolies & Restrictive Trade Practises Act. Now it has powers for mergers/acquisitions also where a monopoly could be created. Still it's not as tough/effective as European legislation.